Judge denies motion to dismiss case against Philly mom arrested for legal gun in NJ

[NJgunowner]

Well considering she volunteered information about carrying to a cop, I don't think she intended to break any laws. But like I said, ignorance of the law is not protection from the law.

[Aguila Blanca]

Originally Posted by publius42

NJgunowner, what makes you think Christie will commute the sentence?

He could stop this right now.

How could he stop it now? I don't think governors have any authority to stop, bar, or interfere in on-going investigations and prosecutions. His authority is to commute a sentence or to grant a pardon. I believe neither can occur unless/until the person has been found guilty.

[Double Naught Spy]

Right, nothing in the NJ constitution or law allows the governor to interfere with the judicial branch of government operations for an accused before a conviction and once convicted, not for treason or impeachment.

[press1280]

I'd say rather than the people of NJ actively wanting these types of laws, the people have become apathetic and simply pull the Democratic lever for other reasons. The politicians they vote for keep coming up with this garbage unfortunately, and simply "accept" it.

[thallub]

I'd say rather than the people of NJ actively wanting these types of laws, the people have become apathetic and simply pull the Democratic lever for other reasons.

Uh, no!!! Sometimes NJ voters elect politicians from the other party too. They are usually anti-gunners. Case in point: Christie.

According to a poll taken in January, 2014; 76 percent of NJ voters want stricter gun control. Gunowners are a small minority in NJ: Only about 16 percent of residents own guns.

Three-quarters (76%) of registered voters in the Garden State favor greater restrictions on guns and ammunition.

The only proposal offered to reduce gun violence in society that garners more support is instituting more proactive mental illness measures (93%). Rounding out the list of measures with majority support is reducing the level of violence in movies and video games (61%).

A majority of NJ gunowners want stricter gun control.

Just 16% of New Jerseyans say they or someone in their household owns a handgun or other firearm. As for the effect that owning a firearm has on an individual’s attitudes toward gun control, gun owners are far less likely to endorse more restrictions. A slight majority of gun owners (53%) support more restrictions, while four out of five non-gun owners offer a similar response (81%).

http://nj1015.com/nj-voters-want-cra...nce-pollaudio/

Another poll:

http://www.nbcphiladelphia.com/news/...224377501.html

[captneil19]

I think that she could have possibly forgotten about her permit was no good where she was going along with the bullets.And that was the farthest thing from her mind.I'm sure u have done things like that,I have done that myself.As far as the judge looks to me like he wants to make a martyr out of this woman.Well after reading what went down several times if I was on the jury I would be the one to hang it.Yes fine her for the bullets but not for the permit I believe her.I ask how many of you would carry black talons or any other illegals if you could get them ?

[JohnKSa]

I ask how many of you would carry black talons or any other illegals if you could get them?

Please refrain from admitting to, engaging in, or encouraging others to admit to or engage in illegal activity.

[CowTowner]

I ask how many of you would carry black talons or any other illegals if you could get them?

I'm guessing Black Talon ammunition is illegal in N.J. because it is a hollow point bullet, correct?
They sure aren't illegal here in Texas. And there is no federal law against them.

[Cnon]

I'm guessing Black Talon ammunition is illegal in N.J. because it is a hollow point bullet, correct?

A Google search said yes.


Cnon

[Aguila Blanca]

Originally Posted by CowTowner

I'm guessing Black Talon ammunition is illegal in N.J. because it is a hollow point bullet, correct?
They sure aren't illegal here in Texas. And there is no federal law against them.

Hollow point ammo of any kind is illegal for carry in New Jersey. Doesn't make a lot of difference, because almost nobody in NJ has a carry permit, but that's the law.

Black Talons essentially don't exist any more, unless you find an old box on a dusty shelf, because Winchester discontinued it years ago. Of course, today you can buy Winchester SXT (Same eXact Thing) ... but the bullets aren't black.

[L2R]

Unfortunately, this is a pretty good argument of why people should be required to get an education before carrying a gun. I am not saying it should be a law, I understand why that is a bad idea, but there are some out there with at least one generation of disconnect between their forefathers or mothers who taught safety, accuracy, law and common sense. It would seem wise to have an instructor when a mentor is not available.

I don't know her specific circumstances but someone with no knowledge is probably at more risk to do harm from their own hand than a strangers in the short term.

Her ignorance of law is well documented but I wonder whether she ever even test fired her weapon as she had her permit all of one week. If not, I hope she got more than just an education in law throughout this ordeal.

[Double Naught Spy]

Her ignorance of law is well documented but I wonder whether she ever even test fired her weapon as she had her permit all of one week.

See post #2. She apparently had her permit for several months. It was this particular gun that she only had for a week.

[Cnon]

According to one story, she had her permit since April.


Cnon

[g.willikers]

There's quite a few folks on her side.
Enough at least to have donated nearly $50K for her defense fund.
If there's anyone here who would like to join in, here's the web site to do so:
http://gogetfunding.com/project/shan...l-defense-fund

[R W]

Pleased to see such a great response for financial assistance in regard to
this case.

[steve4102]

It appears that the Prosecutors have changed their minds and now are allowing her into the diversion program.


http://www.pressofatlanticcity.com/n...df4d9bb52.html

[KyJim]

Great news for her and it also opens up the door to sanity in handling other similar cases.

[KBP75]

Why is New Jersey allowed to ignore 2nd Amendment rights? Why isn't New Jersey removed from getting any Federal funding since it chooses to ignore our Constitutional Amendments. I didn't know States were allowed to pick and chose which Amendments they follow or ignore! Whats next? Will they follow only parts of our Constitution they like? Mandatory prison time is an answer to lazy or inept politicians problems with dealing with issues. Its just easier than working for a living. Every law is made with a purpose or intent of doing some good or solving a problem. The result of this case has not met the intended purpose for the particular law. It seems its just too much trouble for the lawmakers or authorities to do the right and just thing! Justice has NOT been served.

[Tom Servo]

It appears that the Prosecutors have changed their minds and now are allowing her into the diversion program.

It appears to be the best possible outcome in this case. I despise it, but it's better than jail time for her.

I'm familiar with similar programs in other states. PTI works like probation, which means she'll still be subject to fines, fees, drug tests, and she'll have to make regular commutes to report to a supervisor.

Anyone familiar with New Jersey law: does this count as a conviction?

[guruatbol]

Just FYI, all DAs will go for the throat at first. They place the harshest of all charges on the table and then they can if they choose to, negotiate down.

I think the prosecutor got what they wanted and the defendant got a lessor punishment.

I'm not sure about NJ, but is could be like a plea in abaence. It only goes on her record if she doesn't stay clean for the specified period of time.

Mel

[Aguila Blanca]

Originally Posted by Tom Servo

Anyone familiar with New Jersey law: does this count as a conviction?

IANAL, and I am not conversant with NJ laws, but the program she is now going to be eligible is "Pre-Trial" Intervention. A suspect is deemed innocent until convicted -- in a trial. The trial is when/where the plea is entered, so if she is in a "pre-trial" program, I believe there is no plea, and no conviction.

From the linked article (referring to a male convicted under somewhat similar circumstances):

But, if he could now be allowed into PTI, he would not be considered a felon, and would be allowed to vote and return to coaching youth sports, as he has done in the past.

[g.willikers]

So, now what happens to the $65K that was raised to help pay for her trial defense?

[Doyle]

So, now what happens to the $65K that was raised to help pay for her trial defense?

Her legal bills are probably already above that.

[kilimanjaro]

I hope it's donated to a campaign to defeat the prosecutor.

[Gary L. Griffiths]

Anyone familiar with New Jersey law: does this count as a conviction?

From what I read, once she completes the requirements of the diversion, the charges will be dismissed.